Other Defenses

There are numerous other defenses that have proved successful in past antitrust prosecutions. Keep in mind that none of them is a guarantee that a defendant will be acquitted – each was related to a particular set of facts and heard by a different judge. However, the following examples can be useful in formulating a defense tailored to an individual situation, and can give you an idea of what sorts of justifications the courts are sympathetic to in these prosecutions:

  • Statutory exception or exemption (labor organizations, nonprofits, cooperatives)
  • Quality control (in justifying tying arrangements)
  • Correction or prevention of abuses (in justifying coordination among competitors)